Is implied malice sufficient to support a finding of second degree murder?

California, United States of America


The following excerpt is from People v. M.T. (In re M.T.), C077335 (Cal. App. 2017):

M.T. argues there was insufficient evidence of implied malice to support a finding of second degree murder. Citing People v. Chun (2009) 45 Cal.4th 1172, 1181, he states that implied malice has both a physical and a mental component. " 'The physical component is satisfied by the performance of "an act, the natural consequences of which are dangerous to life." [Citation.] The mental component is the requirement that the defendant "knows that his conduct endangers the life of another and . . . acts with a conscious disregard for life." [Citation.]' [Citation.]" (Ibid.)

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